Senate Bill 2550

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 2550

    By Senator King





    8-1811-99                                               See HB

  1                      A bill to be entitled

  2         An act relating to port or aviation

  3         authorities; creating part VII of ch. 163,

  4         F.S.; providing a definition; providing a

  5         purpose; providing for creation of a Port or

  6         Aviation Authority Ad Valorem Tax Improvement

  7         Fund in each county in which a port or aviation

  8         authority is located; providing for deposit of

  9         ad valorem taxes paid by such authority in the

10         fund; authorizing the tax collector to retain

11         an amount for administrative costs; providing

12         for use of such funds by the authority;

13         providing for future review and repeal;

14         providing an effective date.

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16         WHEREAS, utilization of marine ports and aviation

17  facilities for the movement of products, materials, and people

18  is essential for the well-being of the citizens of the State

19  of Florida, and

20         WHEREAS, establishment of both marine ports and

21  airports throughout the state has necessitated expenditure of

22  substantial public funds and created significant land use

23  impacts, which makes it imperative that such facilities

24  continue to be utilized to their fullest potential, and

25         WHEREAS, the expenditure of substantial funds, both

26  public and private, necessary to establish, maintain, and

27  improve such facilities necessitates long-term planning of 30

28  years or more to fully recover and justify said expenditure,

29  and

30         WHEREAS, legal distinctions exist between the ad

31  valorem real and personal property tax liability of publicly

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2550
    8-1811-99                                               See HB




  1  owned ports and airports owned by a county, which are immune

  2  from taxation, and those which are not owned by a county,

  3  which are exempt from taxation, which result in lessees of a

  4  county-owned port or airport not being subject to such taxes

  5  and lessees of non-county-owned ports or airports being

  6  required to pay said taxes, and

  7         WHEREAS, this tax liability puts facilities that are

  8  obligated to collect and pay such taxes at a distinct

  9  competitive disadvantage, both to other facilities within the

10  state and to facilities located in other states, and

11         WHEREAS, the closing of ports and airports or the loss

12  of businesses which may result and has resulted from this

13  legal distinction is adverse to the communities involved and

14  to the state's interests of having viable, competitive, and

15  productive facilities maintained and expanded to meet the

16  needs of the state, and

17         WHEREAS, return of the taxes paid by non-county-owned

18  ports and airports as contemplated by this act would be to

19  public bodies and would be utilized by public bodies for the

20  benefit of publicly owned facilities utilized by the public,

21  NOW, THEREFORE,

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23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Part VII of chapter 163, Florida Statutes,

26  consisting of sections 163.71, 163.72, 163.73, 163.74, and

27  163.75, is created to read:

28         163.71  Definition.--As used in this part, "port or

29  aviation authority" means a legal entity other than a county

30  existing as a body politic and corporate, created by act of

31  the Legislature, which owns real property or tangible personal

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2550
    8-1811-99                                               See HB




  1  property in this state and which operates either a marine

  2  facility, or an aviation facility, or both, for the

  3  transportation of goods and people.

  4         163.72  Purpose.--The purpose of this part is to

  5  effectuate a level playing field between port and aviation

  6  operations within the state which are owned and operated by

  7  counties, and are therefore immune from the payment of ad

  8  valorem taxes, and those which are owned and operated by a

  9  port or aviation authority, and to further equalize the

10  financial obligations relative to such operations in the state

11  with those operations in other states which do not require the

12  payment of ad valorem taxes, and to assist the port and

13  aviation authorities of this state in attracting and retaining

14  customers that might otherwise relocate.

15         163.73  Port or Aviation Authority Ad Valorem Tax

16  Improvement Fund.--Each county in which a port or aviation

17  authority is located shall establish a Port or Aviation

18  Authority Ad Valorem Tax Improvement Fund. The tax collector

19  of the county shall deposit 95 percent of all ad valorem taxes

20  on real property and tangible personal property paid by the

21  port or aviation authority to all taxing authorities within

22  the county in the fund. The remaining 5 percent of such tax

23  revenues may be retained by the tax collector to cover the

24  costs of administration of the fund. However, any portion of

25  the amount retained by the tax collector for administration

26  which exceeds the actual cost of administering the fund shall

27  be distributed to the various taxing authorities on a pro rata

28  basis.

29         163.74  Use of revenues in the fund.--The tax revenues

30  deposited in the Port or Aviation Authority Ad Valorem Tax

31  Improvement Fund shall be distributed to the port or aviation

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 2550
    8-1811-99                                               See HB




  1  authority annually on or before April 1 for taxes payable for

  2  the previous calendar year. The authority shall use these

  3  funds for such public purposes as it deems necessary for the

  4  enhancement of the authority's facilities.

  5         163.75  Future repeal.--This part is repealed on

  6  January 1, 2030, unless reviewed and saved from repeal through

  7  reenactment by the Legislature.

  8         Section 2.  This act shall take effect January 1, 2000.

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10            *****************************************

11                          HOUSE SUMMARY

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      Provides for creation of a Port or Aviation Authority Ad
13    Valorem Tax Improvement Fund in each county in which a
      port or aviation authority operated by a legislatively
14    created entity other than a county is located. Provides
      for deposit of ad valorem taxes paid by such authority in
15    the fund, for use by the authority to enhance its
      facilities. Authorizes the tax collector to retain an
16    amount for administrative costs. Provides for future
      review and repeal.
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